Marks v. Alaska Steamship Co.

Citations

• 71 Wash. 167
• 127 P. 1101
• 1912 Wash. LEXIS 715

Syllabus

<p>Carriers — Assault on Passenger — Liability for Acts of Servant —Defenses—Acts Outside Score of Employment. A passenger on a skip is entitled to absolute protection from assaults by employees, and tbe carrier cannot plead tbat the servant acted outside the scope of his employment.</p> <p>Same — Defenses. Where an employee and a passenger on a ship engaged in a fight, and later the employee returned and renewed the assault after being ordered below, the carrier is liable for the injuries then inflicted, and cannot plead as a defense that plaintiff voluntarily engaged in the encounter.</p>